DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4695)

UNITED LIFT SERVICES PTY LIMITED NSW INSTALLATION AND SERVICE DIVISION ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 20 MAY 2021

Application for approval of the United Lift Services Pty Limited NSW Installation and Service Division Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the United Lift Services Pty Limited NSW Installation and Service Division Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Manufacturing Workers’ Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover their organisations. In accordance with s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the date of this approval. The nominal expiry date of the Agreement is 20 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the United Lift Services Pty Limited NSW Installation and Service Division Enterprise Agreement 2021. The applicant argued the agreement was appropriate for the workforce and met the statutory requirements for approval under the Fair Work Act 2009. The application was heard in the Fair Work Commission. The central legal issues before the Commission were whether the agreement contained all the mandatory terms as required by section 228 of the Act, and whether the agreement was made in good faith and not under duress. Additionally, the Commission had to consider whether the agreement provided for appropriate processes for resolving disputes and if it met the requirements for a low paid workforce under section 236 of the Act.

The Commission examined the contents of the agreement and the process through which it was made. It found that the agreement included all mandatory terms, such as minimum wages, penalty rates, and leave entitlements. The Commission also considered the evidence provided by the parties regarding the process of negotiation and concluded that the agreement was made in good faith and not under duress. Furthermore, the Commission noted that the agreement contained appropriate dispute resolution processes and that the provisions for the low paid workforce were adequate. The Commission was satisfied that the agreement met all the statutory requirements for approval.

Having found that the agreement was appropriately made and contained all the necessary provisions, the Commission approved the United Lift Services Pty Limited NSW Installation and Service Division Enterprise Agreement 2021. The approval ensures that the agreement will govern the employment conditions of the workforce covered by the agreement. The decision confirms the importance of ensuring that enterprise agreements meet the statutory requirements for approval and that they are made in good faith, providing appropriate protections and processes for the workforce.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established